Dialzara Application Terms of Service

Parties; Agreement; Scope

Dialzara LLC, an Idaho limited liability company ("Dialzara," "we," "us"), provides the Dialzara application and related voice/telephony, transcription, and AI-enabled services (the "Service"). These Application Terms of Service (the "Terms") are a binding agreement between Dialzara and the entity or person who creates an account or executes an order ("Customer," "you").

These Terms govern your use of the Service. Dialzara's Website Terms govern browsing www.dialzara.com. If there is a conflict between these Terms and any website terms, these Terms control for the Service. Any order form, pricing page, or online signup you complete (an "Order") is incorporated by reference.

Accounts & Access

• Customer is responsible for account credentials, user permissions, and activity under its accounts.
• Customer will use commercially reasonable efforts to prevent unauthorized use and will promptly notify Dialzara of any suspected misuse.
• Customer will ensure its users comply with these Terms.

Customer Data; Call Content; Metadata; Derived Data

"Customer Data" means information Customer or its end users submit to or through the Service (e.g., contacts, tickets, schedules, CRM fields). "Call Content" means audio recordings, voicemails, transcripts, and summaries derived from calls handled by the Service. "Service Metadata" means technical and billing logs (timestamps, durations, success/failure codes, carrier/TTS/ASR usage, IPs). "Derived Data" means output generated by the Service from Customer Data or Call Content.

Ownership; Licenses

• As between the parties, Customer owns all right, title, and interest in Customer Data and Call Content. Dialzara claims no ownership in them.
• Customer grants Dialzara a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Customer Data and Call Content solely to provide, maintain, secure, support, and improve the Service, to prevent fraud/abuse, and to comply with law and enforce rights.
• Dialzara owns the Service, software, documentation, and Aggregated/Anonymized Data (data that cannot reasonably identify Customer or any individual).

Use of Data & Calls; Model Training; Human Review

Dialzara uses Customer Data, Call Content, and Service Metadata to: (i) deliver core features (answering, routing, recording, transcription, summaries, notifications); (ii) provide support/quality assurance; (iii) monitor, secure, and improve reliability and performance; (iv) produce Aggregated/Anonymized analytics (e.g., answer rates, average handle time); and (v) comply with law.

Model training. By default, Dialzara does not use identifiable Customer Data or Call Content to train generalized AI models. Customer may opt-in to allow de-identified samples for evaluation/finetuning; any such program will be subject to separate, revocable consent.

Human review. Limited human review may occur for support and quality assurance on a least-necessary basis under confidentiality obligations. Customer may opt-out except where needed to resolve its tickets or comply with law.

No Sale; Marketing; Publicity

• No Sale. Dialzara does not sell personal information or Call Content.
• No targeted advertising. Dialzara does not use Customer Data or Call Content for third-party advertising or marketing.
• Customer communications. Dialzara may send service/product updates to Customer contacts. Public use of Customer's name/logo requires prior consent (email is sufficient).
• Aggregated/Anonymized reporting may be used for product insights and benchmarks without identifying Customer or callers.

Call Recording & Consent

The Service can record calls and generate transcripts when enabled by Customer. Customer is solely responsible for configuring announcements and obtaining all necessary consents under applicable one-party/two-party consent laws and sector rules. Dialzara provides configuration options and scripts; Customer's use must comply with law and its own policies.

Retention; Deletion; Portability

• Default retention (unless Customer configures shorter): audio recordings 180 days; transcripts/summaries 24 months; Service Metadata 24 months.
• Customer may set shorter retention in the admin UI or via support request.
• Upon written request, Dialzara will delete or return Customer Data and Call Content within 30 days, except (a) backups that expire within 30–60 days and are not actively processed, and (b) data retained as required by law or to enforce rights. Restored backups are re-deleted for previously deleted items.

Security

Dialzara implements administrative, physical, and technical safeguards appropriate to the risk, including encryption in transit and at rest where supported, role-based access, audit logging, least-privilege, vulnerability management, employee confidentiality agreements, and security reviews of subprocessors. Security documentation is available under NDA.

Fees; Taxes; Billing

Fees are as stated in the applicable Order or pricing page and are billed in accordance with the Service's billing policies. Usage may be measured to the second for telephony, TTS/ASR, and similar resources. Fees are exclusive of taxes; Customer is responsible for applicable taxes.

Acceptable Use

• No illegal, harmful, or infringing content or activity; no harassment or doxxing.
• No spam, robocalls, or unlawful telemarketing; comply with applicable call-consent, DNC, and carrier policies.
• No attempts to probe, scan, or test the vulnerability of the Service or to circumvent security or usage limits.
• No misrepresentation as another person or entity without lawful authorization.

Suspension; Termination

• Dialzara may suspend the Service for (i) security risks, (ii) non-payment, or (iii) violations of these Terms.
• Either party may terminate for material breach that remains uncured 30 days after written notice.
• Either party may terminate for convenience on 30 days notice if permitted by the Order.

Warranties; Disclaimers

Dialzara will provide the Service in a professional and workmanlike manner.

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Indemnification

• Customer will defend and indemnify Dialzara from third-party claims arising from Customer's unlawful call recording/consent practices, telemarketing, or content provided to the Service.
• Dialzara will defend and indemnify Customer against third-party claims that the Service, as provided by Dialzara, infringes a third-party IP right, subject to customary exclusions and remedies.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUES; AND (B) EACH PARTY'S AGGREGATE LIABILITY UNDER THESE TERMS IS LIMITED TO THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO DIALZARA FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes; Notices

• Dialzara may update these Terms; material changes will be notified at least 30 days before the effective date.
• Notices to Customer may be sent to the admin email(s) on file. Notices to Dialzara: [email protected] and physical mailing address.

Governing Law; Venue; Miscellaneous

• These Terms are governed by the laws of the State of Idaho, excluding conflicts rules. Venue is the state or federal courts seated in Ada County, Idaho.
• Neither party may assign these Terms without the other party's prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of assets (with notice).
• Force majeure, severability, waiver, and the rule that headings are for convenience apply as customary. If any provision is unenforceable, the remainder remains in effect.